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foreign news â€¢ ireland mr o'connell has again taken the field in support of repeal he attended the t n!ar weekly meetingsof the repeal as sociation at dublin and made addresses to encourage his friends to persevere in . he one great paramount object lib ,,,;,! contributions were acknowledged from various parts of america the rev ir moriarty from philadelphia was pre s ,..: at one of the meetings for lhe pur pose of raising money for rebuilding the churches destroyed in that city daring the r i 0 ts mr ( i'counell bitterly assailed " the brutal and barbarous mob that got the au thorities to disarm the roman catholics and then attacked them mr moriarty on rising to address the meeting was re ceived with loud cheering and he proceed ed to speak at some length upon the sub ject of his mission mr o'connell had al so spoken at limerick and olher places â€” his appearance in public after his sojourn a tderrynane was welcomed every where iith the utmost enthusiasm at the dub lin municipal election repealers were re turned in all the contested wards and in all the uncontested wards except two â€” mr i connell was re-elected alderman of ihr four courts ward the late crop of potatoes in ireland is found to exceed the produce of any year on record " prance the paris dates are to the 1st instant two chambers are convoked for the 20th the revue ties deux months announces that the different sections of the opposi tion intend to take a more united and mod crate course next session and to avow themselves as much as m guizot in fa vor of the extente cordiale with england ; la purpose which the revue considers to threaten the minister with a much more formidable antagonism than he has yet encountered the national concludes an article on the foreign commerce of france in the following terms : our warehouses are overloaded with produce and our manufacturers have ar rived at that point that they cannot find a market for their manufactures in a word regarded in every point of view and in all its bearings the deficiency of our exports compared with our imports is tie characteristic sign of a sort of decline or at least of marked weakness in our com mercial existence we shall take an early opportunity to examine the deplorable state of our commercial navy at a dinner given at marseilles to mar shal bugeaud on occasion of his return from algiers he took occasion to give the following description of the progress made by the colony of algeria within the last four years : the conquesl ol algiers is completed peace reigns every where ; from the fron tiers of tunis to those of morocco every place has submitted with the exception of some vabyle tribes of the provinces of bougie and gigelli the most complete sei urity reigns everywhere an immense progress and improvement is to be per ceived the revenuesof the colony which in 18 '(> were only lour millions amounted lo-day to twenty millions these are 2l millions which come to lighteu the bur dens i , mother country the euro pean ipulation which in 1840 was only 25,000 souls amounts now to 75,000 it was believed some time ago that the ter ril i tecessible to us only extended to tel thai is to say a one of forty-five leagues deep only we have now the cer tainly thai the arab population extends to udepth of two hundred leagues towards the desert by a length of two hundred and fifty leagues ; that is to say over a surface as large as that of all france â€” the aral population is 5,000,000 of in habitants and perhaps 6,000,000 this is the field which opens before us and which brings 20,000,000 to the treasury there are immense prospects here which i sha.ll nol see realized i repeat it peace is established every where our enemies driven out of our territory have taken re luge in morocco : and i have just receiv ed news which 1 regard as almost certain although 1 have nol yet received it official ly that abd-el-kader has recently dismiss ed the few persons that remained with bim and thai be has retired into the inte rior of the empire spain we have accounts from madrid to the 5t h ultimo earlier dates give the par ticulars of a new insurrection in old cas tile at the head of which martin zurbano in old guerilla chief had placed himself his son and brother-in-law hail also raised the standard of revolt but the latter were subsequently captured and executed at logrono many towns had risen in fa constitutional cause the demand made by the british min uter mr bulwer that general o'connell w recalled from cuba had it was said 6Â«ven considerable umbrage to the span s government general prim has been sentenced to six years imprisonment in a fortress but he 15 not to be degraded of his honors circassia tho lying reports which during the last ' ew ' months have successively reached w&stantinople from daghestan authorize tehefthat the disasters ol the russians a . nd toe triumphs of shamil bey have du n o this campaign been to an extent hit li crt0 unknown an individual from that jwry just arrived from daghestan says . touring the spring and summer no less jj seven or eight severe battles have ft fought in which the russians lost , ides an immense number of men no ssthan forty-five places or positions a ''â– t j j ter from that part ofthe world states that ! wl t l ' s Â°-'"" u ' russians between killed i qtkled and missing amount to 00,000 ; | jist those of the mounted to 12,000 in7 h ' y 11ussl y be fl ' l1 Â° i but had t5l Â° ' j ers been m ore moderate one would \ the carolina watchman bruxer & james ) > " keep a check crow at.i torn editors 4 proprietors i a sare Â» ( new series rcler5 - t^ssr i number 37 of volume l salisbury n c january 11 1845 have been more likely to give credit to the assertion < certain it is that lhe forces of russia have been concentrated in the neighborhood ofdaghestan in fact lhe lines of the koubar are constantly cross ing the borders attacking the russian vil lages and hearing otf rich spoils in slaves horses cattle sheep and other property ; debate j ix the senate of n carolina ox the resolutions to expel the senator from onslow remarks of mr boyden mr speaker : after what has transpir ed in the senate chamber upon the pend ing question in relation to the seat of the member from onslow ; and after what has appeared in one of the public journals in this city edited by a person who has been 1 permitted and still occupies as a reporter a place on the lloor of lhe senate 1 feel ! called upon by a sense of duty to the coun | try and the senate and a due regard to i my own character as a citizen and a mem i | ber of this body to give a brief exposition j of the humble part 1 am called upon to perform in this matter together with the principles and the motives which have thus far influenced my conduct and which will continue to operate upon me until the conclusion of this distressing question in the first place then mr speaker i ! desire to state what is well known to the senate but may not be to the country that ! the position 1 occupied upon the commit ter was not of my seeking but was de volved upon me 1 believe by the unani mous vote of the senate after the most sincere and earnest request to be discharg i ed from acting as a member of your com ; mittee it will be recollected by the senate that t after a statement of the duties already imposed upon me as a member of the \ committee on internal improvements and \ the select committee upon so much of the governor's message as relates to asylums ! i was at first kindly excused by a vote of the senate from the discharge of a duty j which 1 regarded the most painful that this body could devolve upon one of its i members but mr speaker in the very moment of exultation the bitter draught was again presented to my lips and 1 was forced to swallow it however disagreea | bie tlie vote excusing me was imme diately reconsidered and by a unanimous vote of the senate i was compelled to act as a member of the committee now one whose heart is not steeled to all the kind | ly feelings of our nature can doubt my j sincerity when 1 declare that 1 most earn estly desired to be discharged from the painful duty imposed up me by the senate fro :: - knowledge of the principles of law involved in the inquiry and from the written statement of the senator from onslow who had requested the investiga '' tion 1 was led to fear that though the ' senator himself might be exculpated yet the painful and distressing duty of crimi nating some other person would in all probability devolve on the committee your committee without any aid what ever from the senator from onslow devo ted themselves assiduously to the investi gation of the subject matter referred to them until they became satisfied that without some assistance from the gentle man lhat asked the investigation your | committee could neither exculpate him nor fix the slightest suspicion of criminal ! ity upon any other person it is but jns ' tice to the witnesses summoned before ] your committee to remark that they were ' not summoned before the committee on account of any supposed connection or | participation in the transaction under the consideration of the committee but with a very faint hope that by a knowledge of , the hand writing of the body of the forg ed certificate or by casual conversation i in the city they might be able to present the committee with some clue to point out the person who wrote the body of the cer tificate which appeared to be in a fair and undisguised hand two days before the committee closed their labors at my special instance and request and with the concurrence of the other members of the majority of the com mittee mr ennet was informed of the un i favorable conclusion to which two at least of the committee would be compell ed to come unless he would furnish some testimony to rebut the strong presumption i of law raised against him by producing i the certificate drawn in his favor and ta king benefit under it by qualifying and holding his seat as a member of the se nate : he was also informed that the com mittee would sit any length of time he might desire and that they would sum mon all such witnesses as he wished to appear before the committee at the next sitting of the committee the senator from onslow appeared and requested that mr etheridge should be examined mr etheridge was according ly examined and his testimony written â€¢ down and has been reported to the senate and the senator was asked if he had any other witnesses that he desired to be ex amined before the committee ; he replied that he had no more testimony to offer and on motion of one of the minority of the . committee the evidence was closed with j the entire approbation as your committee | believe of mr ennett himself this be ing done the committee adjourned and at their next sitting unanimously resolved that the certificate was a forgery and the majority of the committee adopted the other resolutions and directed their chair man to draw up their report in accordance with the resolutions which he did and after submitting it to the committee the same with the accompanying resolutions was reported to the senate mr speaker 1 claim for myself no ex emption from the feelings and passions common to our race i admit that in sup port of those political principles which my judgement after the most mature de liberation has approved i am a warm and zealous advocate but i hope i may be permitted to say that after the severest scrutiny into the motives and reasons that have governed me in this whole matter i i declare here in the senate and before high heaven as the solemn result of that examination that towards the senator from onslow not one unkind feeling has ever entered my breast not one unholy thought or unworthy motive has been per mitted in the slightest degree to influence my judgement in relation to his case i feel conscious that towards the senator from onslow 1 have acted with the same liberality and courtesy ; that i have ex tended to him every favor and indulgence that i could have done had he been my warmest political or personal friend i voted that he should be allowed counsel lo address the senate ; that he should have the privilege of examining any witness he might desire at the bar of the senate and that his affidavit as to what his absent witnesses would prove should be received as fhe depositions of those witnesses â€” from the foregoing brief history of this investigation thus far i believe that all fair minded men of whatever political party who are willing to accord to others that degree of charity which they would ask for themselves ; nay that men except ! those who know no higher motive of ac tion than the advancement of party or the : acquisition of filthy lucrue will agree that | if i have erred at all it has been on the â€¢ side of mercy the only remaining duty now left for â€¢ me fo perform in this painful and trying in vestigation is very briefly to make a calm and deliberate review of the principles of law laid down in the report ef the com i mittee and the chain of reasoning and the authority by which they are supported and then with some degree of minuteness ; to call the attention of senators to the testimonies reported by the committee to . gether with that delivered orally on yes terday at the bar of the senate in the first place then i would call he j attention of senators to the exact wording of the main principle of law applicable to this case as laid down by your commit tee in the third paragraph of the report in which your committee say *' they con ceive it to be a clear and well established rule of law that where an instrument has \ been forged by some one a strong presump tion necessarily arises against the party \ in whose favor the forgery is made or who has possession of it and seeks to derive benefit under it this rule of evidence says the report adopted by the courts of law upon trials involving the personal character of the citizen and exposing him to the severest corporeal punishment is applicable to every ease wherein a simi : lar question arises ; because it is dictated by the necessity of the case required for the public security and with a sufficient degree of certainty points to the real of fender it will be found mr speaker upon an examination of the authorities that your committee have been careful not to give any additional stringency to this ancient and well established rule of laws but on the contrary they are in favor of the se nate's somewhat mitigating its force â€” in slacker on evidence the rule will be found laid down in the very words of the report but in the case of the state a gainst britt 3 vol dev page 125 chief justice ruffin lays down the rule in the following pungent language ; " being in possession of the forged order drawn in his own favor were facts constituting complete proof that either by himself or by false conspiracy with others he forged or assented to the forgery of the instru ment : that he either did the act or caused it to be done until he showed the actual perpetrator and that he himself was privy it is very different from having a counter feit bank note that is an instrument current in its nature and use and may well come innocently to one's hands but it is next to impossible that the defendant could get possession of such an instrument as this purporting to be for his own bene fit without having fabricated or aided in the fabrication of it if the instrument be a forgery he who holds it under such circumstances is taken lo lie the forger unless he shews the contrary again in the case of the state vs morgan 2 vol dev and batt the chief justice says :â€” '- in larceny for instance the possession of stolen goods is evidence that the posses , sor was the thief it is the usual evidence j it is deemed cogent because no more can j be expected ; being the best thatis ad mitted by the nature of the case the recent possession of stolen property which the accused fails to give any reasonable account of is the common and satisfacto ry evidence of his guilt whether this conclusion be one of law orol fact seems to be hardly worth inquiring for ir is one of common sense which every sound mind will draw with the slightest acquaintance with mankind the same principles and reason apply with equal force to every act done in secret and with which when it becomes known to the world the accu sed is found to be the first and only person connected forgery is not an exception in russell on crimes vol 2 page got it is said : 'â€¢ in the case of the king vs sheppard uttering a forged stock receipt to a person who employed the prisoner to buy stock to that amount and advanced the money held sufficient evidence of an intent to defraud that person : and it was further held that the oath of he person to whom the receipt was uttered that he be lieved the prisoner had no such intent would not repel the presumption of an in tention to defraud the cases above re ferred lo clearly establish the principle mentioned in the report of the committee to be the settled law of the land they shew indeed that the principle might have been laid down with more severity to wit that the production of the certificate drawn in his own favor and taking benefit under it by qualifying and taking his seat con stituted complete proof until his innocence should be established by proof offered by himself i will now proceed to rehearse the tes timony in the cause as far as the same is material to lhe discussion of this case in the first place it is clearly proven by sev eral witnesses and admitted by the sena tor from onslow himself that late on sunday evening before the commence ment ofthe session of the legislature on the following day he was in raleigh with out any certificate of his election mr edward w sanders the common er from onslow proves that he arrived in raleigh late on sunday evening he thinks he saw mr ennett for the first time on monday the day of the commencement ofthe session of the legislature as to the exact time mr sanders is uncertain whether it was on sunday or monday : â€” has had a conversation with mr ennett since his examination before the commit tee and is still uncertain whether he first saw mr ennett on sunday evening or monday morning mr ennett asked mr sanders if he had brought him his certifi cate from the sheriff of onslow ? mr sanders replied that he had not brought his certificate mr ennett then stated that he had no certificate mr sanders replied that made no difference nothing more passed between them general marstelicr told mr sanders on monday that he as a member must give mr ennett a certificate mr sanders bowed and thereupon some one in the company remarked that mr ennett had his certificate i think the person making the remark was mr j nixon of new hanover mr sanders states that upon examin ing the certificate first presented by the senator of onslow that he does not know who wrote the body ofthe certificate nor docs he know in whose hand writing the signature is mr sanders states heknows of no person whose hand writing resem bles the body ofthe certificate nor has he any knowledge or idea who wrote the certificate â€” states that he knows nothing at all about it mr sanders stated in his testimony at the bar of the house that after his arri val in raleigh on sunday evening before the commencement of the session he took out his certificate of election with some letters and laid it on the table where as he knew it remained until just before the house met on monday mr busbee proves nothing material mr jackson's examination do you know the hand writing of the certificate ? and state all you know on the subject answer i know nothing ofthe subject nor do i know the hand writing do not know of his having mr sander's certifi cate on sunday or monday previous to the meeting ofthe legislature i heard on monday for the first time that he had the certificate about 10 o'clock in the morn ing on sunday evening returned from church about 9 o'clock i room with mr ennett who was sitting by the fire when i returned ; heard him say nothing about it that evening nor until 10 o'clock next day ; he did not then state how or when he got it i had a conversation with mr ennett the next morning before 10 o'clock but not on that subject when mr en nett told me he had no certificate i told him as his colleague knew of his election i presumed there would be no difficulty in his taking his seat i never heard him say any thing ofthe certificate after i re turned on sunday evening from church i left mr ennett's room about 0 o'clock on sunday evening and returned about nine as i believe i would ask senators if it is not very remarkable that mr ennett did not dis close to mi jackson on his return from church the sudden and mysterious ap pearance of the much desired certificate during bis absence ; that in his first con versation with him on monday morning he never mentioned that he had received his certificate and even in the conversa tion at 10 o'clock when he spoke of hav ing his certificate is it not very strange that he should not have informed his room ' mate one of his political friends of the manner in which he received this suspi cious paper ! mr pasteur examined do you know any thing about the cer tificate said to be forged or on the subject matter now before the committee ? answer i do not know i have had no conversation with ur ennett ou the matter nor did 1 know any thing of the matter in any way whatever until i heard from mi ennett about the amount of the statement made to the senate after the whole matter was stirred up i believe the certificate though au imitation not to be genuine mr pasteur proves nothing material except that the certificate is a forgery mr nixon examined ' when did witness ilv^t learn that ir ennett had got a certificate witness states he heard it first on monday in the forenoon of the day as he believes the session commenced from vr ennett who stated he bad rot his certificate since he arrived here the members were then on their way to the house does witness know any thing of the cer tificate first presented l<y vr ennett or of the hand writing of said certificate answer witness says he does not know who is the writer of said certificate nor does he believe the signature to be that ofthe sheriff of onslow though he thinks the body somewhat resembles the writing of tr averett ; and the signature though it only slightly resembles tar averett s hand writing still witness thought it was such as mi averett might have written on his knee for want of the proper conve nience for writing did witness hear any one say whose hand writing the certificate was i witness answers he did not and if he had he should have felt it his duty as a member of the general assembly to have informed the committee immediately on hearing if knowing that said committee were in session for the investigation ofthe matter witness objected to the above question as believing it cast an imputa tion upon him as he considered it his duty to communicate such information imme diately if he had heard any such thing mr nixon on his first examination be fore the committee proves that the certi ficate is a forgery ; that he beard mr en nett say on monday in the forenoon tbat he had received his certificate since his arrival in raleigh mi nixon re-examin ed at the bar ofthe house states that he has known mr ennett some ten years or more ; states that he knows his general character that it i.s good : never heard aught against it ; is a kind good hearted man mr iloiden proves nothing material mr etheridge proves the good charac ter of mr ennett and that ibe certificate is a forgery mr washington examined at the bar of ihe house for mr ennett states that he is acquainted with the gen eral character of the defendant : that his character is good ; states that lu is a very ignorant man ; also proves the forgery â€” mr prentiss examined for mr ennett states that he does not know the general character of the senator from ( mslow but heard a gentleman of respectability and in whom mr prentiss bad the utmost con fidence say that mr ennett's character was good mr melvin examined for mr ennett states that he arrived in raleigh some time before day on monday the 18th ultimo â€” after breakfast at mr yarbrough's heard mr marsteller say that he had told mr ennett that he could take his seat without his certificate ; it had been done often â€” between eight and nine o'clock in the morning called upon mr ennett when he made substantially the same^statement as to the reception of his certificate as his written statement offered to the se nate as follows : the senator from onslow william en nett swears that he expects to prove by mr marsteller that he had informed him mr ennett on the sunday next before the meeting of the legislature in the day time lhat it was his opinion that the se nator from onslow could take his seat in the senate without the sheriffs certifi cate making other proof of his title to his seat ; and also lhat he expects to prove by the sheriff john a averett that he had promised him mr ennett to make out bis certificate of election and send it to him before the organization ofthe se nate also that air marable of onslow had promised to procure said certificate from the sheriff aforesaid and send it to bim in time before the sitting of the le gislature ; and also by mrs bradley that mr ennett sent to her father's house av erett's for the certificate and the answer brought by the messenger was that her father was from home but would attend to it in time signed wm ennett mr melvin also proved the good cha racter of mr ennett ; did not know the time ofthe arrival of lhe mail from new bern although he had been a member oi the legislature for the last sixteen or eigh teen years mr ennett also stated to mr melvin that mr marsteller bad informed him that he could take his seat without his certificate but mr ennett said he had ra ther have his certificate ; that he had ap plied to the sheriff for his certificate that be was sick gha couid not give it to him i but pronuseik-to send ft.to him i general mars.teller proves that he in formed mr ennett that he could take his seat without his certificate it had been of ten done two other witnesses prove an application for the certificate : that the sheriff was from home that his family promised that it should lie sent to him and if not he would seed it fo raleigh mr stone being called lor mr ennett proved tbat on the day air ennett presented ids certificate he placed the initials of his name upon the certificate and that sevi :* al other members of the senate did like wise for fhe purpose of identifying it â€” that on tbe next morning air ennett called to examine the certificate and ex pressed his doubts as to its being genuine lhe foreg imony is ail that was offered on the part of the senator from onslow to rebut the com leteproof of his guilt as declared by chief justice raffia in the case ofthe state against llritt in the first j)lace.it is fo he remarked that nearly the who 1 of the testimony given by ennett's own witnesses examined at the bar of the house is incompetent and ought to have no weight with senators in com ing fo a proper decision ofthe case being the acts and declarations of mr ennett himself subsequent to the time of his being proved to be in possession of tbe forged certificate the case o tlie slate against tilly 3d iredell page 414 and ihe ease of waul vs hatch 4th iredell's law page 282 have clearly settled that nei ther the acts or declarations of a party in fhe absence i'i tin other party can be giv en in evidence in bis favor s Â» that upon a review of all tlie testimony offered by the senator fvi.ru onslow t rebut the strong presumption of his guilt arising from bis possession et lie forged certificate drawn in ids own favor is tbat of good character a lone i a.-l senators is tbat sufficient to rebut tbat presumption w ich the chief justice terms complete proi f until the contrary ho shewn â€” in the first place every man's character and more especial tbat of a senator from a respec table county is ] i to be g 1 until the contrary appears ; and it will l>e remembered il.at no evidence can e given to rebut this pre sumption of go ! character until tlie di fendant lias himself lirst opened the door by offering testimony as to his character this being the stale of the law what would this strong pre sumption pf guilt amount to if proof nf good character alone be sufficient to rebut it but it is said tbe senator is not guilty ofthe forgery for the reason that be had no motive to commit the offence having been informed by several gentlemen that he could take his seat without a certificate that man never acts without a motive to this i reply tlie forgery is dearly estab lished ; the corpus delicti is indeed admitted ; no other person is shown to have been connec ted with the transaction : no other person could have had anv possible interest in the matter as far as we know : the deed has hern done : the offence has been commit .! ; no < itber human being could have had an m live nr the com mission of the crime save the senator from onslow ; he must there re from this reasoning as far as we know be guilty of the forgery â€” 15 t this case mr speaker does not rest alone upon this strong presumption of law termed complete proof until the c tutrary is made to appear there is oilier testimony in t'.i case which cannot lie which fixes the crime of forgery upon the senator from ouslow i eyond the i ..(><: f escape i call this pro to the attention of the senate i ask even senator before hu pronounces ii judgi meal in i!.i case to ex aminc carefully the written statement ofthe se nam presented l th â€¢ senate at the time he asked br this investigation which was admit ted by the senator before yourc uninittee to be in his own proper hand writing i call upon senators to examine said written statement minutely especially tbe name of john a ave reft where it occurs in said writing then ex amine his name as signed to the forged certifi cate and if you can then doubt y u would still do so though one .-!.. i!d rise from lhe dead : it is manifestly written by tbe same hand with the same pen and ink there is one other cir cumstance which i desire to call to lhe attention of senators and tbat i the remarkable simi larity between the certificate of the senator from onslow and tbat of tbe commoner mr edward v '. sanders i call tbe attention of senators particularly to t punctuation to tbe two first short lines at tbe tÂ«j of tbe certificates john a forming the first and averett sheriff the second line iu the certificates i have but a few more remarks t make mr speaker before i shall have done with tin's painful investigation i am sorry mr speak er that the talented gentlemen composing the minority of the committee did nol make a n p..it setting forth the chain of reasoning l>y which tbey arrived to the conclusion lhat the senator was blameless in this tran action it would give me greal pi â– â€¢ to bear those gentlemen or any of the senators who maintain the negative of the propositions before the senate point out the mode of reasoning by which thev ni.ive at tlie conclusion of the in nocence ( f mr ennett i am ml open tocoa rictiun and would most cheerfully lind out ihe way to discharge my duty t.j tbe country and ac quit the senator but mr speaker i am free ' . state that unless some such reasoning is pointed out by those who maintain his innocence i shall be com i lied however reluctantly lo pronounce him guilty i will (;-.!.'â€¢ this occasion further to state that i would be glad to hear the - iggestion of any senator as to ihe propermea sure of punishment t be imp â– -â– i r n the se nator in ci-e de senate should find him lo have criminally participated in imposing a fraudulent and forged certificate upon the senate your committee have recommended expulsion but in consequence ofthe p od character establish ed at the bar of the house together with his extreme ignorance i v uld cheerfully listen to the suwesfion of an senat r in relation to a modification of the punishment i p-peaf mr speaker 1 have reviewed the principles ef law maintained in i fir report ofthe committee i hav examined the books of au thority an-1 find that the principles laid down in the report are fully sustaiued and that our own courts have given additional stringency to the rule i have briefly examined the testimo ny : 1 have once m ire scanned my own heart to sec if there could possibly be fiund lurking there any unkind m ding or unholy passion to influence or bias my judgment and i ai*ain de clare that if i know myself 1 never entertain ed one unkind feeling towards he senator from onslow : to fne he is a stranger ; the only cmo

foreign news â€¢ ireland mr o'connell has again taken the field in support of repeal he attended the t n!ar weekly meetingsof the repeal as sociation at dublin and made addresses to encourage his friends to persevere in . he one great paramount object lib ,,,;,! contributions were acknowledged from various parts of america the rev ir moriarty from philadelphia was pre s ,..: at one of the meetings for lhe pur pose of raising money for rebuilding the churches destroyed in that city daring the r i 0 ts mr ( i'counell bitterly assailed " the brutal and barbarous mob that got the au thorities to disarm the roman catholics and then attacked them mr moriarty on rising to address the meeting was re ceived with loud cheering and he proceed ed to speak at some length upon the sub ject of his mission mr o'connell had al so spoken at limerick and olher places â€” his appearance in public after his sojourn a tderrynane was welcomed every where iith the utmost enthusiasm at the dub lin municipal election repealers were re turned in all the contested wards and in all the uncontested wards except two â€” mr i connell was re-elected alderman of ihr four courts ward the late crop of potatoes in ireland is found to exceed the produce of any year on record " prance the paris dates are to the 1st instant two chambers are convoked for the 20th the revue ties deux months announces that the different sections of the opposi tion intend to take a more united and mod crate course next session and to avow themselves as much as m guizot in fa vor of the extente cordiale with england ; la purpose which the revue considers to threaten the minister with a much more formidable antagonism than he has yet encountered the national concludes an article on the foreign commerce of france in the following terms : our warehouses are overloaded with produce and our manufacturers have ar rived at that point that they cannot find a market for their manufactures in a word regarded in every point of view and in all its bearings the deficiency of our exports compared with our imports is tie characteristic sign of a sort of decline or at least of marked weakness in our com mercial existence we shall take an early opportunity to examine the deplorable state of our commercial navy at a dinner given at marseilles to mar shal bugeaud on occasion of his return from algiers he took occasion to give the following description of the progress made by the colony of algeria within the last four years : the conquesl ol algiers is completed peace reigns every where ; from the fron tiers of tunis to those of morocco every place has submitted with the exception of some vabyle tribes of the provinces of bougie and gigelli the most complete sei urity reigns everywhere an immense progress and improvement is to be per ceived the revenuesof the colony which in 18 '(> were only lour millions amounted lo-day to twenty millions these are 2l millions which come to lighteu the bur dens i , mother country the euro pean ipulation which in 1840 was only 25,000 souls amounts now to 75,000 it was believed some time ago that the ter ril i tecessible to us only extended to tel thai is to say a one of forty-five leagues deep only we have now the cer tainly thai the arab population extends to udepth of two hundred leagues towards the desert by a length of two hundred and fifty leagues ; that is to say over a surface as large as that of all france â€” the aral population is 5,000,000 of in habitants and perhaps 6,000,000 this is the field which opens before us and which brings 20,000,000 to the treasury there are immense prospects here which i sha.ll nol see realized i repeat it peace is established every where our enemies driven out of our territory have taken re luge in morocco : and i have just receiv ed news which 1 regard as almost certain although 1 have nol yet received it official ly that abd-el-kader has recently dismiss ed the few persons that remained with bim and thai be has retired into the inte rior of the empire spain we have accounts from madrid to the 5t h ultimo earlier dates give the par ticulars of a new insurrection in old cas tile at the head of which martin zurbano in old guerilla chief had placed himself his son and brother-in-law hail also raised the standard of revolt but the latter were subsequently captured and executed at logrono many towns had risen in fa constitutional cause the demand made by the british min uter mr bulwer that general o'connell w recalled from cuba had it was said 6Â«ven considerable umbrage to the span s government general prim has been sentenced to six years imprisonment in a fortress but he 15 not to be degraded of his honors circassia tho lying reports which during the last ' ew ' months have successively reached w&stantinople from daghestan authorize tehefthat the disasters ol the russians a . nd toe triumphs of shamil bey have du n o this campaign been to an extent hit li crt0 unknown an individual from that jwry just arrived from daghestan says . touring the spring and summer no less jj seven or eight severe battles have ft fought in which the russians lost , ides an immense number of men no ssthan forty-five places or positions a ''â– t j j ter from that part ofthe world states that ! wl t l ' s Â°-'"" u ' russians between killed i qtkled and missing amount to 00,000 ; | jist those of the mounted to 12,000 in7 h ' y 11ussl y be fl ' l1 Â° i but had t5l Â° ' j ers been m ore moderate one would \ the carolina watchman bruxer & james ) > " keep a check crow at.i torn editors 4 proprietors i a sare Â» ( new series rcler5 - t^ssr i number 37 of volume l salisbury n c january 11 1845 have been more likely to give credit to the assertion < certain it is that lhe forces of russia have been concentrated in the neighborhood ofdaghestan in fact lhe lines of the koubar are constantly cross ing the borders attacking the russian vil lages and hearing otf rich spoils in slaves horses cattle sheep and other property ; debate j ix the senate of n carolina ox the resolutions to expel the senator from onslow remarks of mr boyden mr speaker : after what has transpir ed in the senate chamber upon the pend ing question in relation to the seat of the member from onslow ; and after what has appeared in one of the public journals in this city edited by a person who has been 1 permitted and still occupies as a reporter a place on the lloor of lhe senate 1 feel ! called upon by a sense of duty to the coun | try and the senate and a due regard to i my own character as a citizen and a mem i | ber of this body to give a brief exposition j of the humble part 1 am called upon to perform in this matter together with the principles and the motives which have thus far influenced my conduct and which will continue to operate upon me until the conclusion of this distressing question in the first place then mr speaker i ! desire to state what is well known to the senate but may not be to the country that ! the position 1 occupied upon the commit ter was not of my seeking but was de volved upon me 1 believe by the unani mous vote of the senate after the most sincere and earnest request to be discharg i ed from acting as a member of your com ; mittee it will be recollected by the senate that t after a statement of the duties already imposed upon me as a member of the \ committee on internal improvements and \ the select committee upon so much of the governor's message as relates to asylums ! i was at first kindly excused by a vote of the senate from the discharge of a duty j which 1 regarded the most painful that this body could devolve upon one of its i members but mr speaker in the very moment of exultation the bitter draught was again presented to my lips and 1 was forced to swallow it however disagreea | bie tlie vote excusing me was imme diately reconsidered and by a unanimous vote of the senate i was compelled to act as a member of the committee now one whose heart is not steeled to all the kind | ly feelings of our nature can doubt my j sincerity when 1 declare that 1 most earn estly desired to be discharged from the painful duty imposed up me by the senate fro :: - knowledge of the principles of law involved in the inquiry and from the written statement of the senator from onslow who had requested the investiga '' tion 1 was led to fear that though the ' senator himself might be exculpated yet the painful and distressing duty of crimi nating some other person would in all probability devolve on the committee your committee without any aid what ever from the senator from onslow devo ted themselves assiduously to the investi gation of the subject matter referred to them until they became satisfied that without some assistance from the gentle man lhat asked the investigation your | committee could neither exculpate him nor fix the slightest suspicion of criminal ! ity upon any other person it is but jns ' tice to the witnesses summoned before ] your committee to remark that they were ' not summoned before the committee on account of any supposed connection or | participation in the transaction under the consideration of the committee but with a very faint hope that by a knowledge of , the hand writing of the body of the forg ed certificate or by casual conversation i in the city they might be able to present the committee with some clue to point out the person who wrote the body of the cer tificate which appeared to be in a fair and undisguised hand two days before the committee closed their labors at my special instance and request and with the concurrence of the other members of the majority of the com mittee mr ennet was informed of the un i favorable conclusion to which two at least of the committee would be compell ed to come unless he would furnish some testimony to rebut the strong presumption i of law raised against him by producing i the certificate drawn in his favor and ta king benefit under it by qualifying and holding his seat as a member of the se nate : he was also informed that the com mittee would sit any length of time he might desire and that they would sum mon all such witnesses as he wished to appear before the committee at the next sitting of the committee the senator from onslow appeared and requested that mr etheridge should be examined mr etheridge was according ly examined and his testimony written â€¢ down and has been reported to the senate and the senator was asked if he had any other witnesses that he desired to be ex amined before the committee ; he replied that he had no more testimony to offer and on motion of one of the minority of the . committee the evidence was closed with j the entire approbation as your committee | believe of mr ennett himself this be ing done the committee adjourned and at their next sitting unanimously resolved that the certificate was a forgery and the majority of the committee adopted the other resolutions and directed their chair man to draw up their report in accordance with the resolutions which he did and after submitting it to the committee the same with the accompanying resolutions was reported to the senate mr speaker 1 claim for myself no ex emption from the feelings and passions common to our race i admit that in sup port of those political principles which my judgement after the most mature de liberation has approved i am a warm and zealous advocate but i hope i may be permitted to say that after the severest scrutiny into the motives and reasons that have governed me in this whole matter i i declare here in the senate and before high heaven as the solemn result of that examination that towards the senator from onslow not one unkind feeling has ever entered my breast not one unholy thought or unworthy motive has been per mitted in the slightest degree to influence my judgement in relation to his case i feel conscious that towards the senator from onslow 1 have acted with the same liberality and courtesy ; that i have ex tended to him every favor and indulgence that i could have done had he been my warmest political or personal friend i voted that he should be allowed counsel lo address the senate ; that he should have the privilege of examining any witness he might desire at the bar of the senate and that his affidavit as to what his absent witnesses would prove should be received as fhe depositions of those witnesses â€” from the foregoing brief history of this investigation thus far i believe that all fair minded men of whatever political party who are willing to accord to others that degree of charity which they would ask for themselves ; nay that men except ! those who know no higher motive of ac tion than the advancement of party or the : acquisition of filthy lucrue will agree that | if i have erred at all it has been on the â€¢ side of mercy the only remaining duty now left for â€¢ me fo perform in this painful and trying in vestigation is very briefly to make a calm and deliberate review of the principles of law laid down in the report ef the com i mittee and the chain of reasoning and the authority by which they are supported and then with some degree of minuteness ; to call the attention of senators to the testimonies reported by the committee to . gether with that delivered orally on yes terday at the bar of the senate in the first place then i would call he j attention of senators to the exact wording of the main principle of law applicable to this case as laid down by your commit tee in the third paragraph of the report in which your committee say *' they con ceive it to be a clear and well established rule of law that where an instrument has \ been forged by some one a strong presump tion necessarily arises against the party \ in whose favor the forgery is made or who has possession of it and seeks to derive benefit under it this rule of evidence says the report adopted by the courts of law upon trials involving the personal character of the citizen and exposing him to the severest corporeal punishment is applicable to every ease wherein a simi : lar question arises ; because it is dictated by the necessity of the case required for the public security and with a sufficient degree of certainty points to the real of fender it will be found mr speaker upon an examination of the authorities that your committee have been careful not to give any additional stringency to this ancient and well established rule of laws but on the contrary they are in favor of the se nate's somewhat mitigating its force â€” in slacker on evidence the rule will be found laid down in the very words of the report but in the case of the state a gainst britt 3 vol dev page 125 chief justice ruffin lays down the rule in the following pungent language ; " being in possession of the forged order drawn in his own favor were facts constituting complete proof that either by himself or by false conspiracy with others he forged or assented to the forgery of the instru ment : that he either did the act or caused it to be done until he showed the actual perpetrator and that he himself was privy it is very different from having a counter feit bank note that is an instrument current in its nature and use and may well come innocently to one's hands but it is next to impossible that the defendant could get possession of such an instrument as this purporting to be for his own bene fit without having fabricated or aided in the fabrication of it if the instrument be a forgery he who holds it under such circumstances is taken lo lie the forger unless he shews the contrary again in the case of the state vs morgan 2 vol dev and batt the chief justice says :â€” '- in larceny for instance the possession of stolen goods is evidence that the posses , sor was the thief it is the usual evidence j it is deemed cogent because no more can j be expected ; being the best thatis ad mitted by the nature of the case the recent possession of stolen property which the accused fails to give any reasonable account of is the common and satisfacto ry evidence of his guilt whether this conclusion be one of law orol fact seems to be hardly worth inquiring for ir is one of common sense which every sound mind will draw with the slightest acquaintance with mankind the same principles and reason apply with equal force to every act done in secret and with which when it becomes known to the world the accu sed is found to be the first and only person connected forgery is not an exception in russell on crimes vol 2 page got it is said : 'â€¢ in the case of the king vs sheppard uttering a forged stock receipt to a person who employed the prisoner to buy stock to that amount and advanced the money held sufficient evidence of an intent to defraud that person : and it was further held that the oath of he person to whom the receipt was uttered that he be lieved the prisoner had no such intent would not repel the presumption of an in tention to defraud the cases above re ferred lo clearly establish the principle mentioned in the report of the committee to be the settled law of the land they shew indeed that the principle might have been laid down with more severity to wit that the production of the certificate drawn in his own favor and taking benefit under it by qualifying and taking his seat con stituted complete proof until his innocence should be established by proof offered by himself i will now proceed to rehearse the tes timony in the cause as far as the same is material to lhe discussion of this case in the first place it is clearly proven by sev eral witnesses and admitted by the sena tor from onslow himself that late on sunday evening before the commence ment ofthe session of the legislature on the following day he was in raleigh with out any certificate of his election mr edward w sanders the common er from onslow proves that he arrived in raleigh late on sunday evening he thinks he saw mr ennett for the first time on monday the day of the commencement ofthe session of the legislature as to the exact time mr sanders is uncertain whether it was on sunday or monday : â€” has had a conversation with mr ennett since his examination before the commit tee and is still uncertain whether he first saw mr ennett on sunday evening or monday morning mr ennett asked mr sanders if he had brought him his certifi cate from the sheriff of onslow ? mr sanders replied that he had not brought his certificate mr ennett then stated that he had no certificate mr sanders replied that made no difference nothing more passed between them general marstelicr told mr sanders on monday that he as a member must give mr ennett a certificate mr sanders bowed and thereupon some one in the company remarked that mr ennett had his certificate i think the person making the remark was mr j nixon of new hanover mr sanders states that upon examin ing the certificate first presented by the senator of onslow that he does not know who wrote the body ofthe certificate nor docs he know in whose hand writing the signature is mr sanders states heknows of no person whose hand writing resem bles the body ofthe certificate nor has he any knowledge or idea who wrote the certificate â€” states that he knows nothing at all about it mr sanders stated in his testimony at the bar of the house that after his arri val in raleigh on sunday evening before the commencement of the session he took out his certificate of election with some letters and laid it on the table where as he knew it remained until just before the house met on monday mr busbee proves nothing material mr jackson's examination do you know the hand writing of the certificate ? and state all you know on the subject answer i know nothing ofthe subject nor do i know the hand writing do not know of his having mr sander's certifi cate on sunday or monday previous to the meeting ofthe legislature i heard on monday for the first time that he had the certificate about 10 o'clock in the morn ing on sunday evening returned from church about 9 o'clock i room with mr ennett who was sitting by the fire when i returned ; heard him say nothing about it that evening nor until 10 o'clock next day ; he did not then state how or when he got it i had a conversation with mr ennett the next morning before 10 o'clock but not on that subject when mr en nett told me he had no certificate i told him as his colleague knew of his election i presumed there would be no difficulty in his taking his seat i never heard him say any thing ofthe certificate after i re turned on sunday evening from church i left mr ennett's room about 0 o'clock on sunday evening and returned about nine as i believe i would ask senators if it is not very remarkable that mr ennett did not dis close to mi jackson on his return from church the sudden and mysterious ap pearance of the much desired certificate during bis absence ; that in his first con versation with him on monday morning he never mentioned that he had received his certificate and even in the conversa tion at 10 o'clock when he spoke of hav ing his certificate is it not very strange that he should not have informed his room ' mate one of his political friends of the manner in which he received this suspi cious paper ! mr pasteur examined do you know any thing about the cer tificate said to be forged or on the subject matter now before the committee ? answer i do not know i have had no conversation with ur ennett ou the matter nor did 1 know any thing of the matter in any way whatever until i heard from mi ennett about the amount of the statement made to the senate after the whole matter was stirred up i believe the certificate though au imitation not to be genuine mr pasteur proves nothing material except that the certificate is a forgery mr nixon examined ' when did witness ilv^t learn that ir ennett had got a certificate witness states he heard it first on monday in the forenoon of the day as he believes the session commenced from vr ennett who stated he bad rot his certificate since he arrived here the members were then on their way to the house does witness know any thing of the cer tificate first presented le remembered il.at no evidence can e given to rebut this pre sumption of go ! character until tlie di fendant lias himself lirst opened the door by offering testimony as to his character this being the stale of the law what would this strong pre sumption pf guilt amount to if proof nf good character alone be sufficient to rebut it but it is said tbe senator is not guilty ofthe forgery for the reason that be had no motive to commit the offence having been informed by several gentlemen that he could take his seat without a certificate that man never acts without a motive to this i reply tlie forgery is dearly estab lished ; the corpus delicti is indeed admitted ; no other person is shown to have been connec ted with the transaction : no other person could have had anv possible interest in the matter as far as we know : the deed has hern done : the offence has been commit .! ; no < itber human being could have had an m live nr the com mission of the crime save the senator from onslow ; he must there re from this reasoning as far as we know be guilty of the forgery â€” 15 t this case mr speaker does not rest alone upon this strong presumption of law termed complete proof until the c tutrary is made to appear there is oilier testimony in t'.i case which cannot lie which fixes the crime of forgery upon the senator from ouslow i eyond the i ..(>y which tbey arrived to the conclusion lhat the senator was blameless in this tran action it would give me greal pi â– â€¢ to bear those gentlemen or any of the senators who maintain the negative of the propositions before the senate point out the mode of reasoning by which thev ni.ive at tlie conclusion of the in nocence ( f mr ennett i am ml open tocoa rictiun and would most cheerfully lind out ihe way to discharge my duty t.j tbe country and ac quit the senator but mr speaker i am free ' . state that unless some such reasoning is pointed out by those who maintain his innocence i shall be com i lied however reluctantly lo pronounce him guilty i will (;-.!.'â€¢ this occasion further to state that i would be glad to hear the - iggestion of any senator as to ihe propermea sure of punishment t be imp â– -â– i r n the se nator in ci-e de senate should find him lo have criminally participated in imposing a fraudulent and forged certificate upon the senate your committee have recommended expulsion but in consequence ofthe p od character establish ed at the bar of the house together with his extreme ignorance i v uld cheerfully listen to the suwesfion of an senat r in relation to a modification of the punishment i p-peaf mr speaker 1 have reviewed the principles ef law maintained in i fir report ofthe committee i hav examined the books of au thority an-1 find that the principles laid down in the report are fully sustaiued and that our own courts have given additional stringency to the rule i have briefly examined the testimo ny : 1 have once m ire scanned my own heart to sec if there could possibly be fiund lurking there any unkind m ding or unholy passion to influence or bias my judgment and i ai*ain de clare that if i know myself 1 never entertain ed one unkind feeling towards he senator from onslow : to fne he is a stranger ; the only cmo